Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Germany (Ratification: 1956)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the German Confederation of Trade Unions (DGB) received on 21 November 2019. It further notes the additional observations of the DGB received on 10 November 2020. The Committee requests the Government to provide its comments with respect to the additional observations.

Article 2 of the Convention. Minimum wages. The Committee previously noted the adoption of the Minimum Wage Act which introduces a general statutory minimum wage and provides that collective agreements can fix higher sectoral minimum wages. It noted that a slight narrowing of the gender pay gap had been observed after the adoption of the legislation, but that a significant number of workers were reportedly paid below the minimum wage. It requested the Government to: (1) provide statistical information on the percentage of women and men who are paid the statutory minimum wage or below the minimum wage; and (2) indicate how it is ensured that, in defining minimum wages through collective agreements, rates are fixed on the basis of objective criteria. The Committee notes the Government’s indication in its report that the rate of the statutory minimum wage is adjusted every two years on the recommendation of the tripartite Minimum Wage Commission. On 1 January 2020, this rate was raised t0 EUR 9.35 an hour (gross) and, following a decision of the Minimum Wage Commission dated 30 June 2020, it is envisaged that there will be a further increase of the statutory minimum wage for the period from 1 January 2021 to 31 December 2022 in four half-yearly increments. The Committee welcomes this information. It further notes that, in its supplementary information, the Government indicates that, according to the 2019 Structure of Earnings Survey, about 800,000 women and 600,000 men are paid the minimum wage. The Government adds that, depending on the data source, the number of workers paid below the minimum wage is estimated between 530,000 (2019 Structure of Earnings Survey) and 2.4 million (German Institute for Economic Research, 2018). In this regard, the Committee notes the Government’s statement that a more precise analysis of these aspects is planned under the statutory evaluation of the minimum wage in 2020. With regard to sectoral minimum wages determined by collective agreement, the Committee notes the Government’s indication that several collective agreements were adopted at the federal level and two collective agreements were adopted at the Länder level. It however observes that the Government has not provided information on the content of the relevant provisions or on the criteria used to set the rates for minimum wages in collective agreements. In light of the persistent gender pay gap and gender segregation of the labour market, the Committee again asks the Government to provide: (i) information on the measures taken to ensure that, when defining minimum wages through collective agreements, rates are fixed on the basis of objective criteria, free from gender bias, such as qualifications, skills, effort, responsibilities and conditions of work, and that sector-specific wages do not result in the undervaluation of jobs predominantly occupied by women in comparison to those occupied by men; (ii) an extract of the relevant provisions of collective agreements fixing minimum wages; and (iii) updated statistical information on the percentage of women and men who are paid the national minimum wage, and on the number of workers who are reportedly paid below the minimum wage, as well as information on any analysis undertaken in that respect in the framework of the statutory evaluation of the minimum wage planned in 2020.

Articles 2 and 4. Collective agreements and collaboration with the social partners. The Committee previously noted that several projects were developed in collaboration with the social partners to raise awareness of and reduce the gender pay gap. It requested the Government to provide further information on: (1) the content and impact of the activities implemented in collaboration with the social partners, particularly in rural areas, including by equal pay advisors; and (2) any follow-up measures taken on the basis of the results of the “Collective Bargaining and Equal Pay” project. The Committee notes the Government's indication that, as a result of the project implemented in collaboration with the German Association of Agricultural Women, 21 women were trained as “equal pay advisors” between 2014 and 2018 to explain to women and men in rural areas the influence of stereotypical roles on career choices and career breaks, and encourage them to share career and family responsibilities more equally. The Government adds that in 2019 a new project was launched by the German Association of Women in Agriculture aimed at supporting start-ups in rural areas as an alternative for women’s access to economic resources, with women equal pay advisors being actively involved in the training of women involved in start-up pilots. With regard to the “Collective Bargaining and Equal Pay” project ,which examined whether, to what extent and why wage bargaining can influence the gender pay gap, the Committee notes that the Government again refers to the conclusions reached, but that no information is provided on any follow-up measures undertaken in this regard. It further notes that in its observations the DGB considers that the results of this project, which has shown that the gender wage gap of workers covered by collective agreements has declined over time and is significantly below that of workers not covered by such agreements, corroborates the findings of previous studies and documents the need for legislative provisions to extend the coverage of collective agreements. The DGB further highlights the critical importance of regular tripartite discussions to examine the different aspects of the gender pay gap and elaborate possible solutions. The Committee asks the Government to continue providing information on: (i) the activities implemented in collaboration with the social partners, including by equal pay advisors, to promote the application of the principle of the Convention and their impact, particularly in rural areas; and (ii) any follow-up measures taken as a result of the conclusions of the “ Collective Bargaining and Equal Pay” project, in particular regarding the extension of the coverage of collective agreements.

Article 3. Tools for the assessment of the gender pay gap and objective job evaluation. The Committee previously noted that several tools were available to help employers identify gender disparity in their pay structure, including the “eg-check” tool and the “monitor pay transparency” tool developed to assist employers in the implementation of the Act of 2017 to promote remuneration transparency between women and men (the Transparency of Remuneration Act). It further noted that the Examination of Job Evaluation Procedures (EVA) list, which allows individual job evaluation procedures to be reviewed for gender neutrality using selected questions, was easily accessible by the social partners engaged in the bargaining process. It requested the Government to provide information on the use and impact of such tools, as well as on any other steps taken to develop and implement objective job evaluation methods. The Committee welcomes the Government’s indication that: (1) from 2017 to 2020 a number of businesses have run the “eg-check”; (2) an “eg-check” manual has been available since 2019; and (3) an equality test for small and medium-sized businesses, is currently being developed, which should adapt the “eg-check” for smaller businesses. It however notes with regret that no information has been provided on the impact of the tools already available to help employers identify gender disparity in their pay structure, or on any measures taken to enhance the development and implementation of objective job evaluation methods. In light of the persistent high level of the gender pay gap, the Committee asks the Government to provide information on: (i) the use of the various assessment tools available for employers, including the “ monitor pay transparency” and “ eg-check” tools, and the EVA list for the social partners engaged in the bargaining process; (ii) the impact of such tools in reducing the gender pay gap; and (iii) any active measures taken to promote the design and use in the private sector of objective job evaluation methods that are free from gender bias.